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<br />PERPETUAL DRIVEWAY EASEMENT <br />FOR VALUABLE CONSIDERATION, the receipt whereof is <br />hereby formally acknowledged, JAZ~IES B. BALDWIN and MARY M. <br />BALDWIN, husband and wife, each in his and her own right and <br />as spouse of the other, of Hall County, Nebraska, do hereby <br />grant to and create for themselves and for the benefit of <br />a1I of their assignees and other successors in interest and <br />of their mortgagees and their assigns, hereinafter referred <br />to as Grantee, an easement over, along and upon the herein- <br />after described Subservient Estate in favor of the hereinafter <br />described Dominant Estate, but only on the terms and conditions <br />hereinafter expressed. <br />1. The Dominant Estate is that real estate which is <br />specifically described upon Exhibit A, which is attached <br />hereto and made a part hereof by this reference. <br />2. The Subservient Estate is that real estate which <br />is legally described as: Lot One (1), Mainland, In Section <br />2'wenty-One (21), Township Ten (10) North, Range Nine (9), <br />West of the 6th P.M., Hall County, Nebraska, containing 57 <br />acres, more or less. Except a certain tract deeded to Hall <br />County, recorded in the Register of Deeds as Document No. <br />77-GG4297. <br />3. The Initial Easement Area is a strip of land <br />twenty feet (20') in width, the center line of which leads.. <br />from the county road right of way westerly to the Dominant <br />Estate, which center line is legally described upon Exhibit <br />8, which is attached hereto and made a part hereof by this <br />reference. <br />9. The owner of the Dominant Estate, its successors, <br />assigns, grantees, and persons having the permission of such <br />owners may use the easement area, on a non-exclusive basis, <br />for the purpose of ingress and egress to and from the <br />Dominant Estate over and upon said easement area by am <br />lawful means of surface transportation. <br />5. This Easement shall became effective immediately <br />upon the execution of this document and shall cor_tinue in <br />full farce and effect forever; provided only, that at its <br />option the owner of the Subservient Estate shall have the <br />right to cancel this Perpetual Easement by substituting for <br />the Initial Easement Area any other area not less than <br />twenty feet (24') in width which will provide the Dominant <br />Estate with ingress and egress to and from any public road, <br />street or highway. <br />6. This Easement is to be a covenant and an appurte- <br />nance to the Dominant Estate, is to run with the ground and <br />to be fully binding upon all persons claiming any right, <br />title, claim and interest to the Subservient Estate all in <br />favor of the owners of the Dominant Estate. Moreover, no <br />release of this Easement shall lac binding upon any person, <br />firm or corporation holding any type of lien against the <br />Dominant Estate at the time of the purported release unless <br />the lienholder agrees to the release of the Easement. <br />Executed at .Grand island, Hall County, Nebraska, this <br />day of November, 1979. <br />``~~~~r~ <br />-Janes B. Baldwin <br />y~~, ~ <br />Mar M. Baldwin <br />-1- <br />